The judgment finally shows as PAID
The judgment shows as satisfied as of yesterday 6/3/10.
On 4/28/10, Ms. Barbara Mann with Cawthorn & Picard wrote:
… We have satisfied this judgment with the court but are not a credit reporting agency. Ms. [redacted] will have to follow-up with the credit bureau as far as the satisfaction showing on her credit file. …
Apparently Ms. Mann LIED.
That’s what collectors and lawyers do — lying is “normal” in America. Very FEW consumers sue and even fewer publicize the creditor and attorney misconduct.
They also refused to pay the $50 requested in APRIL for their failure to report the judgment as paid:
§ 8.01-454. Judgment, when paid, to be so noted by creditor.
In all cases in which payment or satisfaction of any judgment so docketed is made, which is not required to be certified to the clerk under § 8.01-455, it shall be the duty of the judgment creditor, himself, or by his agent or attorney, to cause such payment or satisfaction by the defendant, whether in whole or in part, and if there is more than one defendant, by which defendant it was paid or discharged, to be entered within thirty days after the same is made, on such judgment docket. If the judgment has not been docketed, then the entry shall be made on the execution book in the office of the clerk from which the execution issued. For any failure to do so, after ten days’ notice to do so by the judgment debtor, his agent or attorney, the judgment creditor shall be liable to a fine of up to fifty dollars. The entry of payment or satisfaction shall be signed by the creditor, his duly authorized attorney or other agent, and be attested by the clerk in whose office the judgment is docketed, or, when not docketed, by the clerk from whose office the execution issued; however, the cost of the release shall be paid by the judgment debtor. [emphasis added]
(Code 1950, § 8-382; 1977, c. 617; 1988, c. 420.)
Incredibly, the debtor has to REQUEST that they note the judgment as paid before being able to get “up to” $50! I’ve seen statutory damages of $500 in other states. This might explain why so many VA judgments are NOT reported as paid.
If judgments were for debts covered by the Fair Debt Collection Practices Act (FDCPA), consumers should be able to prevail in suits for violations of the FDCPA — consult with competent FDCPA attorneys.
It is unfair AND illegal to not report paid judgments as such and if this was MY account, I’d sue Barbara Mann for falsely stating that the judgment was already reported as paid and attorney Cawthorn and the firm for failing to comply with state law (that’s in addition to the fraud claims and many other violations). I’m not familiar with Virginia consumer protection laws, so there might be state claims too.
I do not know how one goes about getting the up to $50 fine.
File a lawsuit for $50?
Virginia is a VERY creditor friendly state and home of notorious Capital One.
It is VERY time consuming to properly document and summarize these fraud documentaries.
I can’t make creditors, collectors and their attorneys do what’s RIGHT, but I can publicize their unethical, immoral and illegal practices. Eventually their greed should cost them a LOT more than they gained by engaging in unfair and illegal collection practices.
Please LINK to this collection fraud documentary at credit and collections websites.
- As more people learn about the Fairfax Oral and Cawthorn & Picard practices, other victims become aware of their legal rights.
- If enough people complain, they WILL change their practices.
I already spent many hours preparing this blog, it’s up to YOU to get the word out.
Filed under: Violation of Virginia law and tagged FDCPA, Satisfaction of judgment
Leave a Reply